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GULFSHORE HOME INSPECTIONS, INC. - General Inspection Agreement

1. INSPECTOR agrees to perform a visual inspection of the 
home/building and to provide CLIENT with a written report identifying 
the defects that INSPECTOR both observed and deemed material.  
INSPECTOR may offer comments as a courtesy, but these comments 
will not comprise the bargained-for report.  The report is only 
supplementary to the seller’s disclosure.

2. Unless otherwise inconsistent with this Agreement or not possible, 
INSPECTOR agrees to perform the inspection in accordance with the 
current Standards of Practice of the International Association of 
Certified Home Inspectors (“InterNACHI”) posted at 
http://www.nachi.org/sop.htm.  Although INSPECTOR agrees to 
follow InterNACHI’s Standards of Practice, CLIENT understands 
that these standards contain limitations, exceptions, and exclusions.  
CLIENT understands that InterNACHI is not a party to this Agreement 
and has no control over INSPECTOR or representations made by 
INSPECTOR and does not supervise INSPECTOR.  
Unless requested, the CLIENT understands that INSPECTOR will 
NOT be testing for the presence of radon – a colorless, odorless, 
radioactive gas that may be harmful to humans. Unless requested, 
the CLIENT understands that INSPECTOR will NOT be testing for 
mold.  The CLIENT understands that INSPECTOR will not test for 
compliance with applicable building codes or for the presence of 
potential dangers arising from asbestos, lead paint, formaldehyde, 
molds, soil contamination, and other environmental hazards or 
violations.

3. The inspection and report are for the use of CLIENT only, who 
gives INSPECTOR permission to discuss observations with real 
estate agents, owners, repairpersons, and other interested parties.  
INSPECTOR shall be the sole owner of the report and all rights to it.  
INSPECTOR accepts no responsibility for use or misinterpretation by 
third parties, and third parties who rely on it in any way do so at their 
own risk and release INSPECTOR (including employees and business 
entities) from any liability whatsoever.  Any third parties who rely on the 
report in any way also agree to all provisions in this Agreement.  
INSPECTOR’S inspection of the property and the report are in no way
a guarantee or warranty, express or implied, regarding the future use, 
operability, habitability or suitability of the home/building or its 
components. All warranties, express or implied, including warranties of 
merchantability and fitness for a particular purpose, are expressly 
excluded to the fullest extent allowed by law.

4. INSPECTOR assumes no liability for the cost of repair or 
replacement of unreported defects or deficiencies either current or 
arising in the future. CLIENT acknowledges that the liability of 
INSPECTOR, its agents and/or employees, for claims or damages, 
costs of defense or suit, attorney’s fees and expenses arising out of 
or related to the INSPECTOR’S negligence or breach of any obligation 
under this Agreement, including errors and omissions in the inspection 
or the report, shall be limited to liquidated damages in an amount equal 
to the fee paid to the INSPECTOR, and this liability shall be exclusive.  
CLIENT waives any claim for consequential, exemplary, special or 
incidental damages or for the loss of the use of the home/building 
even if the CLIENT has been advised of the possibility of such 
damages. The parties acknowledge that the liquidated damages are 
not intended as a penalty but are intended (i) to reflect the fact that 
actual damages may be difficult and impractical to ascertain; (ii) to 
allocate risk among the INSPECTOR and CLIENT; and (iii) to enable 
the INSPECTOR to perform the inspection at the stated fee.

5. INSPECTOR does not perform engineering, architectural, plumbing, 
or any other job function requiring an occupational license in the 
jurisdiction where the inspection is taking place, unless the inspector 
holds a valid occupational license, in which case he/she may inform 
the CLIENT that he/she is so licensed, and is therefore qualified to go 
beyond this basic home inspection, and for additional fee, perform 
additional inspections beyond those within the scope of the basic 
home inspection. Any agreement for such additional inspections shall 
be in a separate writing.

6. In the event of a claim against INSPECTOR, CLIENT agrees to 
supply INSPECTOR with the following: (1) written notification of 
adverse conditions within 14 days of discovery; and (2) access to the 
premises.  Failure to comply with the above conditions will release 
INSPECTOR and its agents from any and all obligations or liability of 
any kind.

7. The parties agree that any litigation arising out of this Agreement 
shall be filed only in the Court having jurisdiction in the County in 
which the INSPECTOR has its principal place of business.  In the 
event that CLIENT fails to prove any claims against INSPECTOR in a 
court of law, CLIENT agrees to pay all legal costs, expenses and fees 
of INSPECTOR in defending said claims.  CLIENT further understands 
that any legal action against InterNACHI itself allegedly arising out of 
this Agreement or INSPECTOR’s relationship with InterNACHI must be 
brought only in the District Court of Boulder County, Colorado.  No 
such action may be filed unless the plaintiff has first provided 
InterNACHI with 30 days’ written notice of the nature of the claim.  
In any action against INSPECTOR and/or InterNACHI, CLIENT 
waives trial by jury.

8. If any court declares any provision of this Agreement invalid, the 
remaining provisions will remain in effect.  This Agreement represents 
the entire agreement between the parties.  All prior communications 
are merged into this Agreement, and there are no terms or conditions 
other than those set forth herein.  No statement or promise of 
INSPECTOR or its agents shall be binding unless reduced to writing 
and signed by INSPECTOR.  No change shall be enforceable against
any party unless it is in writing and signed by the parties.  This 
Agreement shall be binding upon and enforceable by the parties and 
their heirs, executors, administrators, successors and assignees.  
CLIENT shall have no cause of action against INSPECTOR after one 
year from the date of the inspection.

9. Payment of the fee is due on the day of the inspection.  The 
CLIENT agrees to pay all legal and time expenses incurred in 
collecting due payments, including attorney’s fees, if any.  If CLIENT 
is a corporation, LLC, or similar entity, the person signing this 
Agreement on behalf of such entity does personally guarantee 
payment of the fee by the entity.

10. If CLIENT requests a re-inspection, the re-inspection is also 
subject to all the terms and conditions set forth in this agreement.

11. This Agreement is not transferable or assignable.

12. Should any provision of this Agreement require judicial 
interpretation, the Court shall not apply a presumption that the term 
shall be more strictly construed against one party or the other by 
reason of the rule of construction that a document is to be construed 
more strictly against the party who prepared it.

Payment on our website is the acknowledgement that the client has 
read, understands and accepts this contractual agreement.

Payment on our website is the acknowledgement that the client has read, understands and accepts this contractual agreement.